"Nemo plus iuris" broken

27.09.2016

The Supreme Court has just issued a decision in which it has sealed a turn in its decisions (case no. 30 Cdo 2659/2016). It'll keep legitimate to acquire ownership of a property by the subject registered in the Land Registry, but actually no owner (fraud, etc.). The main prerequisite for this is the good faith of the acquirer.


It should be emphasized that the court allows such a rule, even if it was not enshrined in the legislation (it comes to the state before the new Civil Code, that is until 31/12/2013). As the relevant legal source is expressly designated by the Supreme Court the jurisdiction of the Constitutional Court, especially its decision in case no. I.ÚS 2219/2012.